Last updated October 9, 2018
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You agree that SITE Centers may derive revenue and/or other monies from Your Content that you Make Available via the services, without payment to you. For example, SITE Centers may display SITE Centers advertisements or SITE Centers-owned content and/or other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements.
The Site, Services and Materials may include links that will take Users to other websites operated by third parties (“Linked Sites”). The Linked Sites are provided by SITE Centers as a convenience and the inclusion of links to Linked Sites does not imply any endorsement by SITE Centers of any Linked Site. SITE Centers has no control over the Linked Sites or the material contained on such Linked Sites, and you agree that SITE Centers is not responsible for the availability or contents of any Linked Sites (including any content or material available on such Linked Sites).
SITE Centers may at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services or Materials, or any portion thereof, with or without notice to you. You agree that SITE Centers shall not be liable to you for any modification, suspension or discontinuance of the Site, Services or Materials.
IN NO EVENT WILL SITE CENTERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER SITE CENTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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SITE Centers respects the IP Rights of others and expects Users of the Site to do the same. SITE Centers will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the User, where applicable, who posted the content at issue so that he may, where appropriate, make a counter-notification.
You agree to indemnify and hold SITE Centers and its subsidiaries, affiliates, directors, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, your use of the Site, Services or Materials, your connection to the Site, Services or Materials, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Site, Services or Materials, your violation of the Terms, or your violation of any rights of another, including any IP Rights.